Writ Petition (Civil) No.585 of 2013. Case: Rohilkhand Medical College & Hospital, Bareilly Vs Medical Council of India & Another. Supreme Court

Case Number:Writ Petition (Civil) No.585 of 2013
Party Name:Rohilkhand Medical College & Hospital, Bareilly Vs Medical Council of India & Another
Judges:K.S. Radhakrishnan and A.K. Sikri, JJ.
Issue:Indian Medical Council Act, 1956 - Section 10A
Judgement Date:September 06, 2013
Court:Supreme Court
 
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Judgment:

K.S. Radhakrishnan, J.

  1. The petitioners have invoked the extraordinary jurisdiction of this Court conferred under Article 32 of the Constitution of India to quash the letter dated 13.07.2013 issued by the Medical Council of India by which the permission granted for renewal of admission for additional intake of students for the academic session 2013-2014 was revoked.

  2. RohilkhandMedicalCollege and Hospital was established by Rohilkhand Educational Charitable Trust in the year 2005. The Medical College started the first M.B.B.S. Course during the year 2006-07 with an annual intake of 100 seats for which permission was granted under Section 10A of the Indian Medical Council Act, 1956 (for short "the IMC Act) by the Central Government. Later, the Medical Council of India (for short "the MCI") granted recognition to the College to award M.B.B.S. Degree granted by M.J.P. Rohilkhand University, Bareily, U.P. The College is also conducting post-graduate courses during the year 2011-12.

  3. Permission was granted under Section 10A of the IMC Act for admitting the second batch of 100 students in the year 2007-08. The College later submitted an application for extension of renewal of permission for the admission of 3rd batch of 100 seats of M.B.B.S. for the academic year 2008-09 to the MCI. The MCI after processing the application constituted a medical team for inspection of the College. The team conducted the inspection on 1st and 2nd April, 2008. The - MCI team then submitted its report to the Secretary, MCI, New Delhi on 02.04.2008. The MCI team pointed out the following deficiencies in the College as per the MCI Regulations:

    "There was a shortage of teaching faculty by 21.05% (24 out of 114) and residents by 37.03% (30 out of 81) As under:

    1. Professor -- 4

    2. Associate Professor -- 13

    3. Asstt. Professor -- 3

    4. Tutor -- 4

    5. Sr. Resident -- 16

    6. Jr. Resident -- 14"

  4. The MCI team also noticed that OPD attendance on the date of inspection was only 421 as against the minimum requirement of 850-900 and OPD bed occupancy was only 55% as against the minimum requirement of 83-85%. The MCI team inspection report, as per the Board Regulation, was placed before the Executive Committee in its meeting held on 14.04.2008 and it intimated its decision to the Central Government

    not to renew the permission for the admission of the 3rd batch of students for the academic session for the year 2008-09, vide its letter dated 16.04.2008. A copy of the letter was also sent to the Principal of the College with a request to submit the compliance in respect of the deficiencies pointed out by the MCI team on or before 30.04.2008.

  5. The College later submitted its "compliance report". The MCI again constituted a team to examine whether the College had rectified the deficiencies pointed out by the MCI team. The MCI team again conducted an inspection on 20.05.2008 and submitted its report to the MCI. The report pointed out the following deficiencies:

    "(1) There was a shortage of teaching faculty by 18% (22 out of 110) and Residents by 5% (5 out of 82) as under:

    1. Professor -- 6

    2. Associate Professor -- 12

    3. Asstt. Professor -- 4

    4. Tutor -- NIL

    5. Sr. Resident -- 3

    6. Jr. Resident -- 2

    ii) The OPD attendance on the date of inspection was only 691 against the minimum requirement of 850-900.

    iii) IPD bed occupancy was only 55(74%) against the minimum requirement of 83-95%."

  6. The MCI inspection report was later placed before the Executive Committee of MCI in its meeting held on 13/14-06-2008 and it was decided by the Committee not to renew the permission for the admission of 3rd batch of students for the academic year 2008-09. The Executive Committee''s decision was communicated to the Central Government vide its letter dated 14.06.2008. The then Under Secretary, Ministry of Health and Family Welfare, New Delhi on 19.06.2008 forwarded the letter received from the MCI to the College requesting to submit the compliance in respect of the deficiencies pointed by the MCI inspection team. The College then forwarded the compliance report to the Secretary, MCI vide its letter dated 24.06.2008. The College also sent another letter dated 01.07.2008 to the Secretary, Ministry of Health and Family Welfare, New Delhi stating that the deficiencies pointed out by the MCI team were of minor nature and, therefore, requested to grant necessary permission by the Central Government for admission of the 3rd batch for the academic year 2008-09.

  7. The Chairman of the Roholhand Medical College and Hospital on 03.07.2008 sent a letter to the Health Minister, Government of India requesting to grant necessary permission and the Central Government, for admission of the 3rd batch, followed by yet another letter on 04.07.2008 to the Secretary, Ministry of Health and Family Welfare, New Delhi.

  8. We notice, following the letter received by the Minister as well as the Secretary, the Central Government constituted a team of two doctors to carry out the compliance verification/inspection of the College. The central team conducted the verification inspection on 11.07.2008 and submitted its report to the Deputy Secretary, Ministry of Health and Family Welfare, New Delhi on 10.07.2008. The central team pointed out the following deficiencies:

    "(i) The shortage of teaching staff was found more than 11% (13 out of 116) as under:

    1. Professor

    2. Associate Professor -- 7

    3. Asstt. Professor -- 2

    4. Tutor -- NIL

    5. -

    6. Sr. Resident -- 1

    7. Jr. Resident -- 1

    (ii) The faculty members holding same post were getting different salaries. Some of faculty members were getting less salary than resident doctors. Some of the Junior Residents were old in age. Some of Sr. Residents presented with their declaration forms seemed to be specialists doing private practice, as they were in the town much before the inception of the College/Institution. Some of the area and buildings were under construction, which was not advisable in working in working areas."

  9. The then Under Secretary, Ministry of Health and Family Welfare, New Delhi then sent a letter dated 27.07.2008 to the Chairman of the College requesting him not to admit any fresh batch of MBBS students for the academic year 2008-09. The College was also advised to rectify the deficiencies and send compliance report for consideration for the academic year 2009-10 for further admission.

  10. The Chairman of the College then filed a Writ Petition (c) No.294 of 2008 before this Court which was clubbed with other similar writ petitions filed by other medical colleges. This Court passed an order on 03.09.2008 directing the MCI to submit its recommendations to the Central Government within two days and Ministry of Health and Family Welfare was directed to consider the issue of grant of permission within a week. Further it was also directed that the College be given an opportunity of being heard by the Ministry of Health and Family Welfare, New Delhi.

  11. The MCI, in the meantime, conducted yet another inspection of the College on 19.08.2008 and the MCI team submitted its report to the Secretary, MCI again pointing out the following deficiencies:

    "(i) The shortage of teaching staff was found to be 23.68% (27 out of 114):-

    Professor -- 3

    Associate Professor -13

    Asstt. Professor - 5

    Tutor -- 5

    (ii) The shortage of resident was found to be 20.9% (17 out of 81):-

    Sr. Resident -- 5

    Jr. Resident -- 12"

  12. The MCI report was then placed before the Executive Committee and the MCI in its meeting held on 21.08.2008, decided to inform the Central Government not to renew the permission for admission of the 3rd batch of students for the academic year 2008-09. The decision of the Executive Committee was communicated to the Central Government vide its letter dated 04.09.2008 with reference to the order passed by this Court on 03.09.2008 in Writ Petition (c) No.294 of 2008, filed the College.

  13. The Under Secretary, Ministry of Health and Family Welfare, New Delhi then sent a letter dated 09.09.2008 to the Chairman of the College to appear before the Deputy Secretary, (Medical Education), Ministry of Health and Family Welfare, New Delhi on 10.09.2008 along with the compliance report and other documents mentioned in the order passed by this Court on 03.09.2008. The Chairman of the College then appeared, as directed, on 10.09.2008. The Under Secretary, Ministry of Health and Family Welfare, New Delhi then issued a letter to the Chairman of the College intimating that after considering the facts submitted by the College at the time of personal hearing and the recommendations of the MCI, it was decided by the Ministry not to grant renewal of permission for admission of 3rd batch of MBBS students for the academic year 2008-09.

  14. The Chairman of the College then vide his letter dated 12.09.2008, addressed to the Secretary, Medical Education, Ministry of Health and Family Welfare, New Delhi requested him to grant permission for 50 students of MBBS for the academic session 2008-09. The Ministry of...

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